ALFIQH Islamic Law Review Journal

DYNAMICS OF CHILD MARRIAGE IN JEMBER

2024-12-10T21:05:50+07:00

Jember Regency records the highest rate of child marriage in East Java, which has led to various new issues, including an increase in divorce rates. Based on this reality, this study aims to understand the phenomenon of child marriage in Jember, explore its underlying causes, and analyze the perspectives of religious leaders on Islamic jurisprudence (fiqh) regarding child marriage. This research employs a field research method with a descriptive-explorative approach, focusing on uncovering the phenomenon and proposing solutions to child marriage through the lens of religious leaders’ interpretations of fiqh texts. The findings reveal that child marriage in Jember significantly impacts those involved. Religious leaders in the region respond to this issue by emphasizing the importance of physical and emotional readiness as prerequisites for marriage. In specific cases justified by existing regulations, they recommend that the Religious Court grant marriage dispensations. Their views align with contemporary maqashid sharia, particularly in efforts to safeguard the integrity and sustainability of family institutions.

LEGAL AND ISLAMIC PERSPECTIVES ON FEMICIDE

2025-02-16T18:49:53+07:00

Femicide, as an extreme form of gender-based violence, has significantly increased in the last five years, as recorded by Komnas Perempuan. This research analyses legal regulations related to femicide in Indonesia and explores the Islamic perspective on the issue. The study uses a library research method with a juridical-normative and historical approach. The findings reveal that the Qur'an explicitly condemns the killing of women, particularly in the context of Jahiliya, as seen in QS. An-Nahl verses 58-59. In Islamic criminal law, femicide is classified as jarimah qishasiyyah, carrying severe legal consequences. However, Indonesia's legal system does not yet have a specific, firm response to femicide. Therefore, more comprehensive regulations are needed to provide stronger legal protection for women and ensure justice for femicide victims. Currently, the settlement of these cases relies on the Criminal Code, Human Rights Law, Domestic Violence Law, and the Sexual Violence Crime Law (TPKS).

ELDEST CHILD PRIVILEGE IN GROBOGAN’S INHERITANCE PRACTICES

2025-03-02T12:06:06+07:00

Giving inheritance to the eldest child in Grobogan reflects the community's complex social and legal dynamics. Although Islamic inheritance law has regulated the fair distribution of property, the reality on the ground shows a preference for the eldest child, which raises debate from the perspective of the sociology of Islamic law. This study analyzes the factors behind the practice and its implications for social justice and harmony. This study uses a qualitative case study method with maslahah mursalah analysis. Data were collected through in-depth interviews with families who implemented the practice and through analysis of related documents. The study results show that cultural, economic, and the role of the eldest child in the family are the main reasons for giving more inheritance to them. It was found that this practice was accepted locally, although there were differences of opinion from the perspective of normative Islamic law. The implications of this study highlight the need for wider socialization related to the principle of justice in Islamic inheritance law and a legal approach that considers local wisdom without ignoring Sharia values. These findings are expected to contribute to formulating policies that are more inclusive and responsive to the social reality of the community.

NEGOTIATING ISLAMIC IDENTITY AMID RELIGIOUS PLURALITY

2025-06-24T10:47:28+07:00

This study explores how minority Muslims in North Sulawesi negotiate their Islamic identity within a non-Muslim majority context by employing a progressive minority fiqh framework. In such settings, dominant social norms are often perceived as universal truths, placing Muslims at risk of losing their religious values. Using a qualitative field study—through observation, interviews, and documentation—this research identifies three key strategies: accommodative-adaptive, selective, and symbolic. The accommodative-adaptive strategy involves participation in local customs and communal events. The selective strategy reflects firm adherence to Islamic principles, such as rejecting non-halal food and interfaith marriage. The symbolic strategy includes mosque construction and displaying Islamic attributes to affirm identity. These findings challenge the reductionist view that minority fiqh is solely adaptive, proposing instead a multi-model approach that balances principled conviction and contextual flexibility. The study recommends enhancing literacy on locality-based minority fiqh for Muslim communities in predominantly non-Muslim regions.